Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Shifting of liability to pay compensation from Insurance Company onto owner of vehicle - Owner of vehicle is financially incapable of paying compensation - High Court has not provided any reasoning while shifting liability to pay compensation from insurance company onto owner of vehicle - It is highly..........
Motor Vehicles Act, 1988, Section 2(30) -- Owner - Owner of a vehicle is not limited to the categories specified in S.2(30) of the Act - Even a person at whose command or control the vehicle is, could be treated as its owner for the purposes of fixing tortious liability for payment of compensation...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of dealer of vehicle - Appellant/dealer was neither the owner nor in control/command of the vehicle at the time of accident - Vehicle was being driven by an employee of Hindustan Motors - Apart from the driver, Hindustan Motors alone was liable for compensation awarded - Therefore, appellant being..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Dealership agreement - Liability of owner of vehicle - Clauses in dealership agreement would indicate that they deal with company's/Hindustan Motors liability in respect of any defect in the motor vehicle - They limit the company's liability in respect of any defect in the motor vehicle to the company's..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Rash and negligent act - Merely because a person was attempting to overtake a vehicle, cannot be said to be an act of rashness or negligence with nothing to the contrary suggested from the record...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Contributory negligence - Appellant not only lost a member of their family but also suffered extensive injuries himself - He was merely overtaking a vehicle which is an act of everyday occurrence on the road - Merely because a person was attempting to overtake a vehicle, cannot be said to be an act of rashness or..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Collusion between two cars - Death of both the drivers of cars - Accident occurred due to sudden glare of head lights of cars when drivers were blinded and were unable to control their respective vehicles - Eye witness of incident categorically deposed on oath regarding accident having taken place due to..........
Indian Penal Code, 1860, Section 279, 337, Motor Vehicles Act, 1988, Section 187 -- Accident - Rash and negligent driving - When there is no evidence on record of approximate speed of offending vehicle, mere use of term `high speed' is not sufficient to infer the rashness or negligence of accused...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased was a homemaker - Monthly income of deceased at the relevant time, could not be less than Rs.4000 p.m or so - However, instead of calculating compensation under different heads and also keeping in mind the fact that claimants and respondents are closely related, delinquent vehicle was not insured,..........
Indian Penal Code, 1860, Section 279, 337, 338, Motor Vehicles Act, 1988, Section 185 -- Rash and negligent driving - No witness has stated on oath that vehicle was driven at a high speed - Site plan shows that there was a curve and it was not a case of a wide straight road - Vehicle had also not left the road but had turned turtle - Hence, by merely turning turtle,..........
